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LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.We help paid Members build more complete and informative profiles.LAWPOINTS™ do not measure a Lawyer's reputation.More Info for Lawyers

LEGAL TERMS

SPLIT CUSTODY

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. ... (more...)

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.

ADULTERY

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.

CHILD SUPPORT

The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated -- usually by marriage, by e... (more...)

The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated -- usually by marriage, by entry into the armed forces or by living independently. Many states also impose child support obligations on parents for a year or two beyond this point if the child is a full-time student. If the parents are living separately, they each must still support the children. Typically, the parent who has custody meets his or her support obligation through taking care of the child every day, while the other parent must make payments to the custodial parent on behalf of the child -- usually cash but sometimes other kinds of contributions. When parents divorce, the court almost always orders the non-custodial parent to pay the custodial parent an amount of child support fixed by state law. Sometimes, however, if the parents share physical custody more or less equally, the court will order the higher-income parent to make payments to the lower-income parent.

PATERNITY SUIT

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.

SOLE CUSTODY

An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.

LEGAL RISK PLACEMENT

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the bir... (more...)

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the birthmother has legally given up her rights to raise the child. If she then decides not to relinquish her rights, the adopting parents must give the child back. This is a risk for the adopting parents, who may lose a child to whom they've become attached.

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

ALIMONY

The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of lo... (more...)

The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (ten years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation that the recipient spouse will become self-supporting. Alimony is also called 'spousal support' or 'maintenance.'

EMANCIPATION

The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order... (more...)

The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the 'Emancipation Proclamation.' After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes entirely self-supporting without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.

SAMPLE LEGAL CASES

... 530, 236 SE2d 207 (1977), that "[t]he trial court, in appraising the sufficiency of a complaint on
a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that
the plaintiff can prove no set of facts in 29 support of his claim which would entitle him to ...

... Dept. of Health and Human Resources Bureau for Child Support Enforcement. ... Joanna
F. objected to the relinquishment and requested that the court order William Matthew
B. to pay child support until Ryan B. reaches the age of majority. ...